Fox v. Passaic General Hospital

The opinion of the Court was delivered by

Cojsteokd, P. J. A. D.,

Temporarily Assigned. We are called upon here further to refine the application of the so-*124called “discovery” rule to the defense of statute of limitations in medical malpractice and similar actions. See Lopez v. Swyer, 62 N. J. 267 (1973); Moran v. Napolitano and Bellavia, 71 N. J. 133 (1976) argued and decided simultaneously herewith.

Succinctly stated, does a plaintiff who discovers the existence of a malpractice cause of action prior to the expiration of a period of two years after the defendant’s actionable conduct necessarily…